SMT. SAROJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition is directed against the orders dated 21.8.2015 (Annex.27) and 28.1.2013 (Annex.21) passed by the respondents, whereby, the case of the petitioner seeking regularization of services of her husband - Mahendra Kumar Panwar under the Rajasthan Various Services (Amendment) Rules, 2009 ('the Rules of 2009') has been rejected by the respondents and prior to that the prayer made by the petitioner for grant of compassionate appointment was rejected, respectively. The husband of the petitioner- Mahendra Kumar was initially granted appointment vide order dated 11.4.1988 as a daily wager on the post of Lower Division Clerk for a period of three months or till duly selected candidates from RPSC were made available, whichever was earlier. The said Mahendra Kumar continued in the position till February, 1989, whereafter, his services came to be terminated.

(2.) The said Mahendra Kumar aggrieved against the termination of his services raised dispute and the appropriate Government by its notification dated 16.11.1993 referred the dispute to the Labour Court, Jodhpur.

(3.) The respondents did not challenge the award dated 24.4.1998, however sought to question its validity when order was passed by the Labour Court under Section 33-C(2) of the Industrial Disputes Act, 1947 on 1.8.2003 by way of filing S.B. Civil Writ Petition No.919/2004, which was rejected by this Court on 4.3.2004. Pursuant to the award dated 24.4.1998 passed by the Labour Court, Jodhpur, by order dated 8.10.2004 (Annex.10), said Mahendra Kumar was granted reappointment as daily wages workman with continuity in service from 16.11.1993. Whereafter, he was transferred, at his own request, to Pali. On 16.10.2012, on account of the injuries suffered by said Mahendra Kumar in a road accident, he died. After death of Mahendra Kumar, the petitioner sought appointment on compassionate basis under the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996 ('the Rules of 1996').